Ord 79-2020 Amending Code Chapter 2 Revised Council Rules and Procedures 12/15/2020Ordinance No. 79-2020
Ordinance amending Section 2-85 of Chapter 2, Article II, Division 2 of
the Code of Ordinances of the City of Wichita Falls, Texas; amending
Division 4 of said Article II, to revise the existing Rules of Procedure
and Ethics Policy for the City Council; providing an effective date;
providing for inclusion; and providing for severability
WHEREAS, the newly adopted City Charter conflict of interest language
necessitates a revision of the City Council's Code of Ethics conflict of interest policy; and,
WHEREAS, changes in federal judicial application of the First Amendment to
certain speech of public officials requires revisions to the City Council's Code of Ethics
dealing with statements of City Council members; and,
WHEREAS, the City Council requires flexibility and discretion in handling alleged
violations of the Code of Ethics necessitating a change to the procedures for handling
complaints; and,
WHEREAS, the City Council desires to adopt this ordinance in order to increase
the citizens' trust in City government, increase Council transparency and accountability,
and to ensure the dissemination of factual information to the residents of Wichita Falls.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WICHITA FALLS,
TEXAS, THAT:
1. Chapter 2 of the Code of Ordinances of the City of Wichita Falls, Texas, is
hereby amended at Article II, Division 2, by the deletion of Section 2-85. Section 2-
85 is hereby reserved.
ARTICLE II. — CITY COUNCIL
DIVISION 2. COUNCIL RULES OF PROCEDURE AND POLICIES
"Secs. 2-85 — 2-105. Reserved."
2. Chapter 2 of the Code of Ordinances of the City of Wichita Falls, Texas, is
hereby amended at Article II, Division 4, so that such Division shall hereafter read as
follows..
"DIVISION 4 - COUNCIL CODE OF ETHICS
Sec. 2-136. - Purpose.
It is hereby declared to be the policy of the City that the proper operation of democratic
government requires that public officials be independent, impartial and responsible only
to the people of the City; that no officer shall permit any interest, financial or otherwise,
direct or indirect, or engagement in any business, transaction or professional activity to
conflict with the proper discharge of such person's duties in the public interest; that public
office not be used for personal gain; and that the City Council at all times shall be
maintained as a nonpartisan body. To implement such a policy, the City Council deems
it advisable to enact a Code of Ethics for officials, as defined in this article, whether
elected or appointed, paid or unpaid, to serve not only as a guide for official conduct of
the City's public servants, but also as a basis for discipline for those who refuse to abide
by its terms, the overriding interest being that such officers of the City shall at all times
strive to avoid even the appearance of impropriety.
Sec. 2-137. - Title; Application.
(a) This section shall be known as the Code of Ethics;
(b) This Code of Ethics shall apply to all officials as defined in this article,
including members of the City Council.
(c) This Code of Ethics does not apply to employees, including those
individuals employed on a full-time, part-time or internship basis (including those who may
serve on a City board, committee or commission) nor to independent contractors of the
City. The standards of conduct for employees are governed by the City of Wichita Falls
Personnel Policies and the City Charter.
(d) This Code of Ethics applies to the conduct or actions of public officers, as
defined in this article which occurs in whole or in part after the date of adoption of this
article.
(e) This Code of Ethics applies to officials only while such persons hold such
position or office.
Sec. 2-138. - Definitions.
The following words, terms, and phrases, when used in this Section, shall have the
meanings ascribed to them in this Section, except where the context clearly indicates a
different meaning.
Benefit means anything reasonably regarded as pecuniary or economic gain or
pecuniary or economic advantage, including benefit to any other person in whose welfare
the beneficiary has a direct and substantial interest.
Business entity means any person, entity, corporation (whether for -profit or nonprofit),
general or limited partnership, sole proprietorship, joint venture, unincorporated
association or firm, institution, trust, foundation, holding company, joint-stock company,
receivership, or other entity recognized by law, whether or not organized for profit, which
has an economic interest, or seeking such, in conducting business with the City. Business
entity also includes any business entity that represents a party conducting or seeking to
conduct business with the City.
City means the City of Wichita Falls, Texas.
City Council means the governing body of the City.
Confidential information means any information to which an official has access in such
person's official capacity which may not be disclosed to the public except pursuant to
state and/or federal law and which is not otherwise a matter of public record or public
knowledge. Confidential information includes the following information, however
transmitted: (i) any information from a meeting closed to the public pursuant to the Texas
Open Meetings Act or other law regardless of whether disclosure violates the Texas Open
Meetings Act or Texas Public Information Act; (ii) any information protected by attorney
client, attorney work product, or other applicable legal privilege; and (iii) any information
deemed confidential by law.
Contract means any lease, claim, account or demand against or agreement with any
entity or person, whether express or implied, executed or executory, oral or written.
Vendor is any person who enters or seeks to enter into a contract with the City. The term
includes: (1) an agent of a vendor; (2) an officer or employee of a state agency when that
individual is acting in a private capacity to enter into a contract; and (3) Texas Correctional
Industries (but no other state agency).
Corporation means any corporation that has a board of directors appointed in whole or
in part by the City Council that is operating under the direct authority of or subject to the
direct control of the City Council.
Employee means any person employed by the City, including those individuals on a part-
time or internship basis, but does not include independent contractors.
Gift means anything of value, regardless of form, offered or given in the absence of
adequate and lawful consideration. It does not include the receipt or acceptance of
campaign contributions which are regulated by federal, state, and/or local laws or
ordinances.
Knowingly means a person acts knowingly, or with knowledge, with respect to the nature
of the person's conduct or to circumstances surrounding the conduct when the person is
aware of the nature of the conduct or that the circumstances exist. A person acts
knowingly, or with knowledge, with respect to a result of the person's conduct whether
the person is aware that the conduct is reasonably certain to cause the result.
Officer or official means any member of the City Council, City employee appointed by
the City Council, and any appointed member of a City board, commission or committee
established by ordinance, Charter, State law or otherwise, on a temporary or permanent
basis, operating either under the direct or indirect authority or subject to either the direct
or indirect control of the City Council. This includes all Boards and Commission under the
direct authority of the City or City Council and also the following:
1. 4A Wichita Falls Economic Development Corporation
2. 4B Sales Tax Corporation
3. Airport Board of Adjustment
4. Construction Board of Adjustment and Appeals
5. Employee Benefits Trust Board
6. Firefighters and Police Officers' Civil Service Commission
7. Metropolitan Planning Organization
8. Planning and Zoning Commission
9. All Tax Increment Financing Boards
10. Zoning Board of Adjustment
Relative means any person related to an officer within the second degree by
consanguinity or affinity. This relationship includes the spouse, parents, children,
stepchildren, father and mother-in-law, or son and daughter-in-law, grandparents,
grandchildren, sisters and brothers of the officer.
Special privileges means a right, advantage or favor of or for a particular person,
occasion or purpose not otherwise available to others.
Substantial interest means (i) the ownership of five (5) percent or more of the voting
stock or shares of a business entity; (ii) the ownership of five (5) percent or more, or fifteen
thousand dollars ($15,000.00) or more of the fair market value of a business entity; or (iii)
funds received from the business entity exceed five (5) percent of the person's gross
income for the previous year, and action on the matter involving the business entity will
have a special economic effect on the business entity that is distinguishable from the
effect on the public.
It is expressly provided herein that an investment or ownership in a publicly held company,
in an amount less than fifteen thousand dollars ($15,000.00) does not constitute a
substantial interest. Substantial interest in real property means the person has an interest
in the real property that is equitable or legal ownership with a fair market value of two
thousand five hundred dollars ($2,500.00) or more; and it is reasonably foreseeable that
an action on a matter involving the real property will have a special economic effect on
the value of the real property distinguishable from its effect on the public. (Ownership
includes any partnership, joint or corporate ownership or any equitable or beneficial
interest as a beneficiary of a trust.) An officer is considered to have a substantial interest
under this Code of Ethics if a person related to the officer in the second degree of
consanguinity or affinity has a substantial interest under this Code of Ethics.
Sec. 2-139. - Standards of Conduct.
(a) Should any member of the City Council have a conflict of interest pursuant to any
State laws or municipal ordinances regulating conflict of interest of municipal officers, with an
agenda item then before the City Council, he will openly declare same before discussion
proceeds, and he will be prohibited from discussing the item or voting on the question if such is
required by State law. Said member of the City Council will also file the appropriate conflict of
interest paperwork prior to said meeting with the City Clerk as required by State law.
(b) No member of the City Council shall enter into a written contract with the city where
the city council member will receive a financial benefit, nor will the city enter into a written contract
with a company owned wholly, or in part, by a member of the city council or that employs a
member of the city council.
(c) Any willful violation of this section shall constitute malfeasance in office, and any
member of the city council, officer, or employee found guilty thereof shall thereby forfeit his office
or position. Any violation of this section with the knowledge, expressed or implied, of the person
or corporation contracting with the city, shall render the contract involved voidable by the city
manager or city council. [Charter, Section 132].
(d) Members of the City Council shall abide by the conflict of interest statutory
provisions set forth in Texas Local Government Code § 171, et, seq. and § 176, et, seq.
Sec. 2-140. - Additional Standards.
(a) No member of the City Council who is on the board of a nonprofit
organization may vote on any funding request by that nonprofit organization, unless the
nonprofit organization has a board of directors or trustees appointed in whole or in part
by the City Council.
(b) With the exception of those proceedings allowed under this article, no
member of the City Council shall personally appear in such person's own behalf before
the City Council, or any City board, commission, corporation or committee but may
designate and be represented by a person of such person's choice in any such personal
matter.
(c) No member of the City Council, the City Planning and Zoning Commission,
Board of Adjustment, Airport Board of Adjustment, or Construction Board of Adjustment,
shall participate in, or vote on, any land use matter in which such officer has a substantial
interest in any real property within two hundred (200) feet of the real property, the subject
of the land use matter. For purposes of this section 2-5 (c) "land use matter" shall mean
zoning, plat approval, site plan or other development approvals or permits, variances or
exceptions. The term "land use matter" does not include studies or similar matters that
are for the benefit of the city and which are not unique to real property within two hundred
(200) feet of the real property, the subject of the land use matter, in which the officer has
a substantial interest.
Sec. 2-141. - Political Patronage.
(a) No person in the administrative services of the city shall directly or indirectly
solicit or receive, or be in any manner concerned in soliciting or receiving any assessment,
subscription or contribution for any political party or purpose whatever. No person shall
orally or by letter solicit or be in any manner concerned in soliciting any assessment,
subscription or contribution for any political party or purpose from any person holding a
position in administrative service of the city. [Charter section 133].
(b) No person shall use or promise to use his influence or official authority to
secure any appointment, or prospective appointment, to any city position as a reward or
return for personal or partisan political service. No person shall take a part in preparing
any political assessment, subscription or contribution with the intent that it shall be sent
or presented to or collect from any person in the service of the city and no person shall
knowingly send or present, direct or indirectly, in person or otherwise, any political
assessment, subscription or contribution to, or request its payment by any person in such
service. [Charter, Section 133]. Any person who shall willfully or through culpable
negligence violate this provision shall be guilty of a misdemeanor and shall on conviction,
be punished by a fine of not more than two hundred dollars ($200.00). No such person
shall be appointed to any position in the service of the city and if he be an officer or
employee of the city he shall immediately forfeit his office or employment. [Charter,
section 133].
Sec. 2-142. - Political Partisanship.
(a) No person about to be appointed to any position in the service of the city
shall sign or execute a resignation, dated or undated, in advance of such appointment.
No person in the service of the city shall discharge, suspend, lay off, reduce in grade or
in any manner change the official rank or compensation of any person in such service, or
promise or threaten to do so, for withholding or neglecting to make any contribution of
money or service, or any other valuable thing, for any political purpose. [Charter section
134].
(b) No person in the service of the city shall use his official authority or influence
to coerce the political action of any person or body, or to interfere with any nomination or
election to public office. [Charter section 134].
(c) No person holding an appointive office or place under the provisions of this
Charter shall act as an officer of a political organization or take any active part in a political
campaign, or service as a member of a committee of any such organization, or circulate
or seek signatures to any petition provided for by this Charter, or by the primary or election
laws of the state, other than an initiative or referendum petition, or act as a worker at the
polls in favor of or opposed to any candidate for nomination or election to a public office,
whether federal, state, county or municipal. [Charter, Section 134]. Any person who shall
willfully or through culpable negligence violate this provision shall be guilty of a
misdemeanor and shall on conviction, be punished by a fine of not more than two hundred
dollars ($200.00). No such person shall be appointed to any position in the service of the
city and if he be an officer or employee of the city he shall immediately forfeit his office or
employment. [Charter section 134].
Sec. 2-143. - Duel Office Holding.
(a) No member of the City Council shall, during the term for which he is elected,
be appointed to any city, county, or state office or employment for which he would be paid
compensation or which would create the possibility and/or appearance of conflicts of
interest, which would be determined by the City Council. [Charter section 136].
(b) Any appointive officer or employee of the city (except policemen and
firemen), shall forfeit his office or employment if he shall be elected to any public office, if
his holding of the elective office could create the possibility and/or appearance of conflicts
of interest, or if it might materially interfere with his loyalty, efficiency and effectiveness as
an officer or employee of the city, which would be determined by the city manager.
[Charter section 136].
Sec. 2-144. - Confidential Information.
(a) Attorney client communications, both verbal and written, are confidential.
Except as provided by law, no elected official, officer, staff member, or legal counsel may
discuss or reveal in any manner, information protected by the attorney client privilege.
Sec. 2-145. - Discipline.
The City Council can discipline its own members except that removal of a member shall
be only for conviction of a felony (or pretrial diversion or deferred adjudication of a felony).
Sec. 2-146. - Interpretation of Content.
Any officer may request and the City Attorney shall issue, a verbal or written opinion (as
deemed appropriate) concerning the meaning or effect of any section, word, or
requirement of this Code of Ethics as it affects such person.
Sec. 2-147. - Review.
The City Council may amend this policy as necessary."
3. This Ordinance shall become effective on the 15th day of January, 2021.
4. This Ordinance is prospective and is not applicable to any actions (unless
prohibited by law) taken before the effective date.
5. Resolution 105-2013 and all ordinances or parts of ordinances in conflict
herewith are hereby repealed.
6. It is the intention of the City Council of the City of Wichita Falls, Texas, that
the provisions of this ordinance shall become a part of the Code of Ordinances of the City
of Wichita Falls, Texas, and that sections of this ordinance may be renumbered or
relettered to accomplish such intention.
7. Should any word, phrase, paragraph, section or portion of this ordinance or
the Code of Ordinances, as amended hereby, be held to be void or unconstitutional, the
same shall not affect the validity of the remaining portions of said ordinance or the Code
of Ordinances, as amended hereby, which shall remain in full force and effect.
PASSED AND APPROVED this the 15th day of December, 2020.
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City Clerk